Hearsay ... the Journal of the Bar Association of Queensland
OOPS. Your Flash player is missing or outdated.Click here to update your player so you can see this content.
Issue 79 - May 2017
Transcript Highlights Print E-mail

transcript_intro.jpg

 

Below is a selection of transcript extracts and articles from some of the more colourful moments in court. 

 

 

Trial: Robinson v Lorna Jane Pty Ltd – Day 7

HIS HONOUR: Forgive me, Ms McCarthy. Ms McCarthy, forgive me. What does “active wear” mean?‑‑‑Active wear. That’s the Lorna Jane ‑ ‑ ‑

HIS HONOUR: I used to be a runner, you know. Years ago I was a runner?‑‑‑That’s the ‑ ‑ ‑

My knees are gone now.

………

WITNESS: That’s the Lorna Jane clothing. So that’s just a term we use. Like, you would have business attire; sleepwear, your pyjama ‑ ‑ ‑

HIS HONOUR: Yes?‑‑‑Active wear was Lorna Jane clothing.

Okay?‑‑‑Yeah. It’s just a term we used.

MS TRESTON: I’m a bit worried we’ve got to day 7 and your Honour doesn’t know what active wear is.


"What is up?"

Briggs v State of New South Wales [2017] HCATrans 109

EDELMAN J: If Mr Briggs had walked into the detective inspector’s office with a gaping bullet wound and blood dripping on the floor, it would undoubtedly be a breach of duty if the detective inspector did not say, “What is up?”

MR WALKER: Quite so ...


"I tender my friend"

Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd; Maxcon Constructions Pty Ltd v Vadasz & Ors [2017] HCATrans 112

GAGELER J: ... Mr Walker, you have a pretty good point here by the presence of the other case.

MR WALKER: I am sorry, I am - - -

GAGELER J: Your point about the importance - - -

MR WALKER: Yes, yes.

GAGELER J: - - - of the matter is demonstrated by the existence of the other special leave application.

MR WALKER: Yes, I tender my friend, Mr Doyle, as an exhibit as it were. Yes, I did not tell him I would but - - -


"Person-fully"

Smith v The Queen; R v Afford [2017] HCATrans 40

MR ODGERS: Of course, your Honour. I am just attempting to respond to the proposition that because you know there is something in the suitcase, the element of intention is met. I just – you can see I am struggling with this. I am saying that cannot be enough.

KIEFEL CJ: We know you are struggling, Mr Odgers.

MR ODGERS: I will cease to struggle. I have attempted, manfully, to respond to that.

NETTLE J: That is gender normative, Mr Odgers.

MR ODGERS: Yes. Gender – I have struggled personally – whatever the word is – “person-fully”.


Eminem in the New Zealand Court

Eminem's 'Lose Yourself' was recently played in a Wellington court during a copyright case concerning music used in a National Party commercial.

Interestingly, the title of the music used in the commercial was entitled 'Eminem-esque'.

Click here to read an article about the case, with video footage from the proceedings.


| | | |